Sperling v. Isaacs
New York Court of Common Pleas
Appeal from a final order of the District Court in the City of New York for the Fifth Judicial District in a summary proceeding to recover the possession of real property. The summary proceeding was brought by Elias M. Sperling, as landlord, to remove Michael Isaacs, as tenant, from certain premises, for non-payment of rent.
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Appeal from a final order of the District Court in the City of New York for the Fifth Judicial District in a summary proceeding to recover the possession of real property. The summary proceeding was brought by Elias M. Sperling, as landlord, to remove Michael Isaacs, as tenant, from certain premises, for non-payment of rent. Upon the return of the precept, Isaacs appeared and answered, and Timothy S. Brown and others intervened and filed an answer denying the facts alleged in the petition, and setting forth that they, and not the petitioner, were the owners of the premises, and that Isaacs…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The District Court acquired jurisdiction. The 2234th section of the Code prescribes that the application may be made to the District Court of the district where the property is situate; which is distinct from the other provisions which authorize it to be made to any officers designated in the section; and the 2239th section provides how it is to be made to the District Court, which is by filing the petition with the clerk of the court, who, the section says, is to issue the precept, which must be made returnable before the court at the place designated by law.…
2Cases cited7 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Evertson v. SuttonNew York Supreme Court · 1830
- Colman v. . ShattuckNew York Court of Appeals · 1875
- Johnson v. . ElwoodNew York Court of Appeals · 1873
- People Ex Rel. Livermore v. HamiltonNew York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Donelly v. O'DayNew York Court of Common Pleas · 1892